Final Rule Amendment of ECB's Buildings Penalty Schedule Reflecting Recent Construction Code Amendments

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Sunday, January 10, 2016

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has  modified  the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The ECB held a public hearing on November 10, 2015 regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the November 10, 2015 public hearing. 

 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule has been amended to reflect some of these changes. The rule amends the Buildings Penalty Schedule by:

·      

updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·      

updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·      

deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·      

adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.